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Falsely reported as counterfeit item
We run a non-profit which sells donated items as a fundraiser. A cosmetics company named Payot keeps reporting our genuine items as counterfeit. eBay refuses to do another other than request we take it up with "the copyright owner" who has admitted in writing that they don't care if our items are legitimate, they don't want anyone selling their products other than them. That's a blatant violation of eBay policies. But there seems to be no recourse for us or consequences for them.
What can we do??
4 comments
fashionsandbeauty4u
Mentor1 year ago@houseofgooddeeds
My day job is selling on eBay for my employer, a nonprofit museum and registered eBay charity (under a different account). I also sell items donated to us. Although we have our donors sign a form transferring ownership to us, we have no way to confirm the donations are authentic.
If the rights owner does not want their trademarked products sold online, it is risking your charity account by continuing to do so.
EBay established the Verified Owners Rights Program and generally will not get involved with a dispute between a Seller and a rights owner.
houseofgooddeeds
OP1 year agoThank you for sharing your experience. Payot's agent sent us an email clearly acknowledging they have no information as to whether or not our item is counterfeit, and we happen to know it's not. They are instead saying - in writing - that they have a blanket right to prevent anyone other than themselves from selling their branded items, which is a clear violation of the eBay rule for sellers.
My question is, why isn't there any sort of Avenue available to address this obvious loophole? We have the right to list this item without interference from somebody who doesn't want any third parties selling their items.
glorybells
·1 year agoIt’s not a violation, in fact it is FOLLOWING eBay rules. Due to copyright laws, companies that are registered as copyright owners under the verified rights owners program have the legal right to protect where and who sell their products. Louis Vuitton is a good example. They don’t want their products sold on eBay. They hold the legal copyright of their products, and they are one of the original VeRO members. They will aggressively pursue listings of their items they find on eBay. And because they hold that copyright, they can legally require that eBay remove listings of their products. Under this program, eBay is legally required to cooperate in removing such items.
If you’ve had listings removed, it’s risky to relist them. Once you’ve had something removed you’re on eBay’s radar. Relisting is risking getting your account suspended.
houseofgooddeeds
OP1 year agoI believe you were reading it wrong. If an item is counterfeit, they are allowed to get it delisted and punish the seller. There is no legal justification for them to claim a genuine item is counterfeit.
The VERO eBay policy in question reads as follows (*** emphasis mine):
--
Reportable listings include:
Items that infringe on your intellectual property. (***Example using a LV logo on art you're selling)
Counterfeit or replica items.
Unauthorized use of copyrighted content in a listing or product page
Ineligible reasons to report a listing:
***Wanting to control where a product is resold by trying to enforce contracts or distribution of goods to authorized sellers (selective distribution).***
Not allowing the sale if items are below a controlled price point (minimum advertised pricing or MAP).
Any terms a brand puts into their contracts that controls the way items are resold (contractual issues).
Government-controlled items that are illegal to sell (regulatory compliance issues).